By Kate E. Salute and Hector Flores
Jacobs, the current presiding officer, is now no longer a member of the Democratic party.
If Democrat Roger Corbin, who has been vying for the presiding officer-s seat via an alliance with the Republicans, decides not to appeal the decision, Jacobs, with the votes of the remaining Democrats, would replace the current minority leader, Republican Peter Schmitt, unless he breaks the alliance with Corbin and Democrat Lisanne Altmann.
In a press conference held after the ruling in her favor, Jacobs said, "The Republican efforts to take complete control of this legislature was a scheme that failed. The voters of this county spoke on election day, and I call upon Peter Schmitt to accept, once and for all, the will of the people."
Herbert Rosenbaum, professor emeritus in the political science department at Hofstra, said, "Essentially the reason [Jacobs disenrolled] is that the rule says that the minority party leader and the presiding officer cannot be of the same political party, so that if the Republicans had voted Corbin in to become the presiding officer as the majority leader, the question would arise whether he and Peter Schmitt would be of the same or different parties. The solution that the Democrats hit on was to make sure that the minority party leadership would not be a Republican, but would be the one person that is not affiliated with a party. Republicans have been deprived of their minority party status."
Rosenbaum said that this case, as far as he knows, has set a precedent. "It-s one thing for a legislator in office to vote for the member of another party, he said. It-s quite another for the minority to ... try to pick the leadership of the majority. I think there is no precedent on this level."
Last Friday, members of the Democratic caucus held a press conference supporting Jacobs, regardless of her newfound blank status, and requested a meeting with Corbin and Altmann. Legislator Craig Johnson (D- Port Washington) said, "We request that our good friends Roger Corbin and Lisanne Altmann join us in a meeting, sit down and work out the issues pertaining to presiding officer. We want to stop acting like litigants and start acting like legislators again -- that's why we're here."
Each of the Democratic legislators present -- Diane Yatauro, Jeffrey Toback, Joseph Scannell, Dave Denenberg and David Mejias -- said that they had tried to contact Corbin and Altmann, who weren't returning phone calls, and that Corbin and Altmann had not come to them with the aspirations of becoming presiding officer, "He didn-t come to us, he didn't make a case. That's my whole issue with it," Johnson said.
"You can't be the general if you don't communicate with your soldiers," Mejias added.
With that, Corbin, bundled up head to toe on an unseasonably warm day, walked passed the press conference and hopped into a chauffeured silver Mercedes, ignoring the pleas of his fellow legislators to join them as he drove off.
"It is our position -- and we think that it is a position that is clear -- that the presiding officer has to be chosen by 10 votes of the Legislature, said Denenberg. We've been the majority, we've worked as a very effective majority for the last six years, [and] it was incumbent upon us as the majority to pick the presiding officer. It's unfortunate that we got into a situation where the Republicans were able to play interference in this issue. We can't allow the minority to try to control the Legislature."
Rosenbaum explained that in the Legislature, the majority rules. "In recent history, in all legislatures, the majority is the majority, period, he said. They don't have to work with the minority if they don't want to. That's the rule of Democratic life."
Jacobs will still be invited to caucus with the Democrats. Mejias explained that it didn-t mattered what party one was affiliated with, but rather who they caucused with.
Johnson sited several politicians who were members of one party and caucused with another, including Legislator Denise Ford. "She's a Democrat in the Republican party," he said.
Corbin's attorney indicated that there would be an appeal, and Democrats refused to comment on any matters pertaining to the ongoing legal case.
Rosenbaum said he didn't think an appeal was the best route. "How much influence will [Corbin] even have if he wins? Rosenbaum mused. Chances are, if he wins, he loses. What will the other Democrats do if [Corbin] should happen to become presiding officer?
The story isn't over yet. ... Lord only knows how long the appeal will take and what the outcome will be, Rosenbaum continued. You are dealing in an area where there are very few precedents of which I'm aware."
On Monday, Jacobs said, "We are going to call a meeting, and I'm hopeful that we will come together and cooler heads will prevail. We are hoping to get the caucus together, and hoping to get 10 of us and choose a presiding officer, and that is what we are hoping to do -- hopefully by the end of the week."
Comments about this story? KSalute@liherald.com or (516) 569-4000 ext. 205.
